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1. Platte River will lease to R.M. Hiner a portion of its current balance in Fossil Creek <br />Reservoir, a quantity of approximately 7.1 acre feet in November 2014, 4.6 acre feet in <br />December 2014, 3.1 acre feet in January 2015, 3.9 acre feet in February 2015, and 5.4 <br />acre feet in March 2015 for a total of 24.1 acre feet of reusable water ( "Subject Water'), <br />to be delivered from Fossil Creek Reservoir. This release will be coordinated by the <br />Poudre River Water Commissioner with review and concurrence by North Poudre. <br />The Poudre River Water Commissioner will determine the actual amount of Subject <br />Water presently held by Platte River in the Fossil Creek Reservoir that is delivered to <br />RM. Hiner and payment will be made on the actual amount delivered or deliverable. <br />2. The water is subject to availability. Platte River will make reasonable efforts to <br />provide Subject Water; however, Platte River shall only be required to make available <br />to R.M. Hiner quantities of water which Platte River determines to be surplus to its <br />own needs. <br />3. The Subject Water leased to R.M. Hiner is for the exclusive use by R.M. Hiner and <br />shall not be leased or conveyed to others except by written permission from Platte <br />River. <br />4. The cost of the Subject Water shall be $300 (THREE HUNDRED DOLLARS) per acre - <br />foot, and will be invoiced in its entirety prior to the first scheduled 'release. Payment <br />will be made by RM. Hiner within thirty (30) days from the date of billing, but in any <br />event prior to the release of Subject Water. Payment shall be nonrefundable and not <br />contingent upon whether the Subject Water is actually released or used by R.M. Hiner, <br />so long as Platte River either delivered or was ready to deliver the Subject Water. <br />Platte River shall provide written notification to R.M. Hiner of any variation to the <br />amount of water available relative to the lease quantities listed in Paragraph 1 prior to <br />each lease month. Platte River shall refund RM. Hiner $300 per acre -foot for any <br />Subject Water that was not made available to R.M. Hiner during the term of the lease. <br />5. The Delivery Point of the Subject Water leased to R.M. Hiner shall be the outlet of <br />Fossil Creek Reservoir. R.M. Hiner shall bear any losses associated with conveyance of <br />the water from the Delivery Point to any location where R.M. Hiner may use the <br />water. All releases from Fossil Creek Reservoir are subject to weather conditions. <br />6. Platte River makes no warranties concerning the quality of the Subject Water, nor the <br />purposes for which the Subject Water is suitable. <br />7. This instrument represents the complete agreement of the Parties and no oral <br />modification shall be recognized. Any amendments or additions shall be in writing. <br />8. The terms and provisions of this lease are binding upon the Parties, their successors <br />and assigns. <br />9. The Water Lease shall be effective upon the date shown below. <br />rGhI, 6ctu <br />DATED this 1 3 l day of y, 014. <br />PLATTE RIVER POWER AUTHORITY R.K HINER CONSTRUCTION CO., INC. <br />Y•'• <br />al Manager <br />ifL:.., <br />